Vincent Emmanuel Salibio

BS ECE 5-1
Summary

Republic Act Telecommuting Act

11165:
Complete Title: An Act Institutionalizing Telecommuting as An Alternative Work
Arrangement for Employees in the Private Sector
Date: December 20, 2018

No. of Sections: 12
President during Rodrigo Roa Duterte
the time:

Salient Features:
1. In Section 5, fair treatment to telecommuting employees and regular employees are required. This section
states the benefits of the telecommuting employees:
(a) Receive a rate of pay, including overtime and night shift differential, and other similar monetary benefits not
lower than those provided in applicable laws, and collective bargaining agreements.
(b) Have the right to rest periods, regular holidays, and special nonworking days.
(c) Have the same or equivalent workload and performance standards as those of comparable worker at the
employer's premises.
(d) Have the same access to training and career development opportunities as those of comparable workers at
the employer's premises and be subject to the same appraisal policies covering these workers.
(e) Receive appropriate training on the technical equipment at their disposal, and the characteristics and
conditions of telecommuting.
(f) Have the same collectible rights as the workers at the employer's premises and shall not be barred from
communicating with workers' representatives.
Furthermore, telecommuting employees must be given the opportunity to meet their colleagues to prevent from
being isolated

2. Different grievance methods are cited in Section 7

(a) The differences shall be treated as grievances under the applicable grievance mechanism of the company.
(b) If there id no grievance mechanism or if the mechanism is inadequate, the grievance shall be referred to
the regional office of the Department of Labor and Employment (DOLE) which has jurisdiction over the
workplace for conciliation.
(c) To facilitate the resolution of grievances, employers shall keep and maintain, as part of their records, the
documents proving that the telecommuting work arrangement was voluntarily adopted.

3. The following provisions are must be addressed by the employer for effective implementation of this act.
(a) Eligibility
(b) Applicable code of conduct and performance evaluation and assessment
(c) Appropriate alternative workplace
(d) Use and Cost of Equipment
(e) Workdays and/or hours
(f) Conditions of employment, compensation, and benefits particularly those unique to telecommuting
employees
(g) Non-diminution of benefits
(h) Occupational Safety and Health
(i) Observance of data privacy policy
(j) Dispute Settlement
(k) Termination or change of work arrangement
Section Summary
1 This section states the short title of this Act which is “Telecommuting Act”
2 This section states the declaration of policy which is that the State recognizes labor as a primary
social economic force and thus it must protect and care for the welfare of the workers and as our
technology became advanced, it opens opportunity to telecommuting and other flexible working
arrangements.
3 This part defines telecommuting which refers to a work from an alternative workplace with the use
of telecommunications and/or computer technologies
4 Telecommuting program in private sectors are on voluntary bases provided that employer’s terms
and condition must meet the minimum labor standards set by law which also includes
compensable work hours, minimum number of work hours, overtime, rest days, and entitlement to
leave benefits. These all arrangements are must be explained well to the employees.
5 Stated above.
6 Data Privacy act of 2012 shall supplement this act in taking the appropriate measures to ensure
the protection of data used and processed by the telecommuting employee for professional
purposes.
7 Stated above.
8 The DOLE shall establish and maintain a telecommuting pilot program in select industries which
shall last for a period of not more than three (3) years. The said agency shall be responsible for
baselining, scoping and profiling research work prior to implementation, regular quarterly
monitoring, and evaluation. At the end of the program, the DOLE shall submit a report to
Congress on its findings.
9 Secretary of Labor and Employment shall in consultation with the National Tripartite Industrial
Peace Council, and other relevant persons must issue the implementing rules and regulation of
this act.
10 Each provision under this act are separate in which when a single or two of these provisions are
held unconstitutional, the other parts are still of the same integrity.
11 All laws that are not in parallel with the rules and regulation of this act are repealed or amended.
12 Fifteen (15) days after its publication in the Official Gazette or in any newspaper of general
circulation, this act must take effect.